Endangered Species; Issuance of Permits, 49898-49899 [2024-12863]

Download as PDF 49898 Federal Register / Vol. 89, No. 114 / Wednesday, June 12, 2024 / Notices another mortgagee with DE Approval in that geographic area. Mortgagees must continue to pay existing insurance premiums and meet all other obligations associated with insured mortgages. A terminated mortgagee may apply for reinstatement if their DE Approval in the affected area or areas has been terminated for at least six months and the mortgagee continues to be an approved mortgagee meeting the requirements of 24 CFR 202.5, 202.6, 202.7, 202.10 and 202.12. The mortgagee’s application for reinstatement must be in a format prescribed by the Secretary and signed mortgagee must also submit a written corrective action plan to address each of the issues identified in the CPA’s report, along with evidence that the plan has been implemented. The application for reinstatement must be submitted through the Lender Electronic Assessment Portal (LEAP). The application must be accompanied by the CPA’s report and the corrective action plan. by the mortgagee. In addition, the application must be accompanied by an independent analysis of the terminated office’s operations as well as its mortgage production, specifically including the FHA-insured mortgages cited in its termination notice. This independent analysis shall identify the underlying cause for the mortgagee’s high default and claim rate. The analysis must be prepared by an independent Certified Public Accountant (CPA) qualified to perform audits under Government Auditing Standards as provided by the Government Accountability Office. The Action: The following mortgagees have had their DE Approval terminated by HUD: Mortgagee name Mortgagee home office address HUD office jurisdiction Termination effective date Open Mortgage, LLC ............. 5316 W Highway 290, Ste. 220, Austin, TX 78735–8923 ..... Des Monies .... 5/20/2024 Julia R. Gordon, Assistant Secretary for Housing—Federal Housing Commissioner. [FR Doc. 2024–12820 Filed 6–11–24; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [Docket No. FWS–HQ–IA–2024–0096; FXIA16710900000–245–FF09A30000] Endangered Species; Issuance of Permits Fish and Wildlife Service, Interior. ACTION: Notice of issuance of permits. AGENCY: We, the U.S. Fish and Wildlife Service (Service), have issued the following permits to conduct certain activities with endangered species. We issue these permits under the Endangered Species Act (ESA). SUMMARY: Information about the applications for the permits listed in this notice is available online at https:// www.regulations.gov. See SUPPLEMENTARY INFORMATION for details. FOR FURTHER INFORMATION CONTACT: Timothy MacDonald, by phone at 703– 358–2185 or via email at DMAFR@ fws.gov. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service (Service), have issued permits to conduct certain activities with endangered and threatened species in response to permit applications that we received under the authority of section 10(a)(1)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) ADDRESSES: Homeownership center Denver. After considering the information submitted with each permit application and the public comments received, we issued the requested permits subject to certain conditions set forth in each permit. For each application for an endangered species, we found that (1) the application was filed in good faith, (2) the granted permit would not operate to the disadvantage of the endangered species, and (3) the granted permit would be consistent with the purposes and policy set forth in section 2 of the ESA. Availability of Documents The permittees’ original permit application materials, along with public comments we received during public comment periods for the applications, are available for review. To locate the application materials and received comments, go to https:// www.regulations.gov and search for the appropriate permit number (e.g., 12345C) provided in the following table: ddrumheller on DSK120RN23PROD with NOTICES1 ENDANGERED SPECIES Permit issuance date ePermit No. Applicant PER5691074 ........................................... The Amphibian and Reptile Diversity Research Center of the University of Texas at Arlington. Duke University ........................................................................................................ Columbus Zoo & Aquarium ..................................................................................... Duke University Lemur Center ................................................................................ Pinola Conservancy ................................................................................................. Naples Zoo Inc. ....................................................................................................... Duke University Lemur Center ................................................................................ PER4463030 PER8970502 PER6238013 PER9314361 PER8764801 PER3848559 VerDate Sep<11>2014 ........................................... ........................................... ........................................... ........................................... ........................................... ........................................... 17:43 Jun 11, 2024 Jkt 262001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 2024–01–29 2024–02–05 2024–05–20 2024–05–21 2024–05–21 2024–05–21 2024–05–21 Federal Register / Vol. 89, No. 114 / Wednesday, June 12, 2024 / Notices Authority We issue this notice under the authority of the Endangered Species Act, as amended (16 U.S.C. 1531 et seq.), and its implementing regulations. Timothy MacDonald, Government Information Specialist, Branch of Permits, Division of Management Authority. [FR Doc. 2024–12863 Filed 6–11–24; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [245A2100DD/AAKC001030/ A0A501010.999900] HEARTH Act Approval of Tunica-Biloxi Indian Tribe Business & Renewable Energy Leasing Ordinance Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: The Bureau of Indian Affairs (BIA) approved the Tunica-Biloxi Indian Tribe Business & Renewable Energy Leasing Ordinance under the Helping Expedite and Advance Responsible Tribal Homeownership Act of 2012 (HEARTH Act). With this approval, the Tribe is authorized to enter into business, wind and solar, wind energy evaluation, public, religious, cultural, educational, and recreational leases without further BIA approval. DATES: BIA issued the approval on May 29, 2024. FOR FURTHER INFORMATION CONTACT: Ms. Carla Clark, Bureau of Indian Affairs, Division of Real Estate Services, 1001 Indian School Road NW, Albuquerque, NM 87104, carla.clark@bia.gov, (702) 484–3233. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: I. Summary of the HEARTH Act The HEARTH Act makes a voluntary, alternative land leasing process available to Tribes, by amending the Indian Long-Term Leasing Act of 1955, 25 U.S.C. 415. The HEARTH Act authorizes Tribes to negotiate and enter into business leases of Tribal trust lands with a primary term of 25 years, and up to two renewal terms of 25 years each, without the approval of the Secretary of the Interior (Secretary). The HEARTH Act also authorizes Tribes to enter into leases for residential, recreational, religious or educational purposes for a primary term of up to 75 years without the approval of the Secretary. Participating Tribes develop Tribal Leasing regulations, including an VerDate Sep<11>2014 17:43 Jun 11, 2024 Jkt 262001 environmental review process, and then must obtain the Secretary’s approval of those regulations prior to entering into leases. The HEARTH Act requires the Secretary to approve Tribal regulations if the Tribal regulations are consistent with the Department of the Interior’s (Department) leasing regulations at 25 CFR part 162 and provide for an environmental review process that meets requirements set forth in the HEARTH Act. This notice announces that the Secretary, through the Assistant Secretary—Indian Affairs, has approved the Tribal regulations for the TunicaBiloxi Indian Tribe. II. Federal Preemption of State and Local Taxes The Department’s regulations governing the surface leasing of trust and restricted Indian lands specify that, subject to applicable Federal law, permanent improvements on leased land, leasehold or possessory interests, and activities under the lease are not subject to State and local taxation and may be subject to taxation by the Indian Tribe with jurisdiction. See 25 CFR 162.017. As explained further in the preamble to the final regulations, the Federal government has a strong interest in promoting economic development, self-determination, and Tribal sovereignty. 77 FR 72440, 72447–48 (December 5, 2012). The principles supporting the Federal preemption of State law in the field of Indian leasing and the taxation of lease-related interests and activities applies with equal force to leases entered into under Tribal leasing regulations approved by the Federal government pursuant to the HEARTH Act. Section 5 of the Indian Reorganization Act, 25 U.S.C. 5108, preempts State and local taxation of permanent improvements on trust land. Confederated Tribes of the Chehalis Reservation v. Thurston County, 724 F.3d 1153, 1157 (9th Cir. 2013) (citing Mescalero Apache Tribe v. Jones, 411 U.S. 145 (1973)). Similarly, section 5108 preempts State taxation of rent payments by a lessee for leased trust lands, because ‘‘tax on the payment of rent is indistinguishable from an impermissible tax on the land.’’ See Seminole Tribe of Florida v. Stranburg, 799 F.3d 1324, 1331, n.8 (11th Cir. 2015). In addition, as explained in the preamble to the revised leasing regulations at 25 CFR part 162, Federal courts have applied a balancing test to determine whether State and local taxation of non-Indians on the reservation is preempted. White Mountain Apache Tribe v. Bracker, 448 U.S. 136, 143 (1980). The Bracker PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 49899 balancing test, which is conducted against a backdrop of ‘‘traditional notions of Indian self-government,’’ requires a particularized examination of the relevant State, Federal, and Tribal interests. We hereby adopt the Bracker analysis from the preamble to the surface leasing regulations, 77 FR at 72447–48, as supplemented by the analysis below. The strong Federal and Tribal interests against State and local taxation of improvements, leaseholds, and activities on land leased under the Department’s leasing regulations apply equally to improvements, leaseholds, and activities on land leased pursuant to Tribal leasing regulations approved under the HEARTH Act. Congress’s overarching intent was to ‘‘allow Tribes to exercise greater control over their own land, support self-determination, and eliminate bureaucratic delays that stand in the way of homeownership and economic development in Tribal communities.’’ 158 Cong. Rec. H. 2682 (May 15, 2012). The HEARTH Act was intended to afford Tribes ‘‘flexibility to adapt lease terms to suit [their] business and cultural needs’’ and to ‘‘enable [Tribes] to approve leases quickly and efficiently.’’ H. Rep. 112–427 at 6 (2012). Assessment of State and local taxes would obstruct these express Federal policies supporting Tribal economic development and self-determination, and also threaten substantial Tribal interests in effective Tribal government, economic self-sufficiency, and territorial autonomy. See Michigan v. Bay Mills Indian Community, 572 U.S. 782, 810 (2014) (Sotomayor, J., concurring) (determining that ‘‘[a] key goal of the Federal Government is to render Tribes more self-sufficient, and better positioned to fund their own sovereign functions, rather than relying on Federal funding’’). The additional costs of State and local taxation have a chilling effect on potential lessees, as well as on a Tribe that, as a result, might refrain from exercising its own sovereign right to impose a Tribal tax to support its infrastructure needs. See id. at 810–11 (finding that State and local taxes greatly discourage Tribes from raising tax revenue from the same sources because the imposition of double taxation would impede Tribal economic growth). Similar to BIA’s surface leasing regulations, Tribal regulations under the HEARTH Act pervasively cover all aspects of leasing. See 25 U.S.C. 415(h)(3)(B)(i) (requiring Tribal regulations be consistent with BIA surface leasing regulations). Furthermore, the Federal government E:\FR\FM\12JNN1.SGM 12JNN1

Agencies

[Federal Register Volume 89, Number 114 (Wednesday, June 12, 2024)]
[Notices]
[Pages 49898-49899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12863]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[Docket No. FWS-HQ-IA-2024-0096; FXIA16710900000-245-FF09A30000]


Endangered Species; Issuance of Permits

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of issuance of permits.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), have issued 
the following permits to conduct certain activities with endangered 
species. We issue these permits under the Endangered Species Act (ESA).

ADDRESSES: Information about the applications for the permits listed in 
this notice is available online at https://www.regulations.gov. See 
SUPPLEMENTARY INFORMATION for details.

FOR FURTHER INFORMATION CONTACT: Timothy MacDonald, by phone at 703-
358-2185 or via email at [email protected]. Individuals in the United 
States who are deaf, deafblind, hard of hearing, or have a speech 
disability may dial 711 (TTY, TDD, or TeleBraille) to access 
telecommunications relay services. Individuals outside the United 
States should use the relay services offered within their country to 
make international calls to the point-of-contact in the United States.

SUPPLEMENTARY INFORMATION: We, the U.S. Fish and Wildlife Service 
(Service), have issued permits to conduct certain activities with 
endangered and threatened species in response to permit applications 
that we received under the authority of section 10(a)(1)(A) of the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
    After considering the information submitted with each permit 
application and the public comments received, we issued the requested 
permits subject to certain conditions set forth in each permit. For 
each application for an endangered species, we found that (1) the 
application was filed in good faith, (2) the granted permit would not 
operate to the disadvantage of the endangered species, and (3) the 
granted permit would be consistent with the purposes and policy set 
forth in section 2 of the ESA.

Availability of Documents

    The permittees' original permit application materials, along with 
public comments we received during public comment periods for the 
applications, are available for review. To locate the application 
materials and received comments, go to https://www.regulations.gov and 
search for the appropriate permit number (e.g., 12345C) provided in the 
following table:

                           Endangered Species
------------------------------------------------------------------------
                                                        Permit issuance
          ePermit No.                 Applicant               date
------------------------------------------------------------------------
PER5691074....................  The Amphibian and             2024-01-29
                                 Reptile Diversity
                                 Research Center of
                                 the University of
                                 Texas at Arlington.
PER4463030....................  Duke University......         2024-02-05
PER8970502....................  Columbus Zoo &                2024-05-20
                                 Aquarium.
PER6238013....................  Duke University Lemur         2024-05-21
                                 Center.
PER9314361....................  Pinola Conservancy...         2024-05-21
PER8764801....................  Naples Zoo Inc.......         2024-05-21
PER3848559....................  Duke University Lemur         2024-05-21
                                 Center.
------------------------------------------------------------------------


[[Page 49899]]

Authority

    We issue this notice under the authority of the Endangered Species 
Act, as amended (16 U.S.C. 1531 et seq.), and its implementing 
regulations.

Timothy MacDonald,
Government Information Specialist, Branch of Permits, Division of 
Management Authority.
[FR Doc. 2024-12863 Filed 6-11-24; 8:45 am]
BILLING CODE 4333-15-P
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